El Salvadoran President Nayib Bukele's offer on Monday to open his country's infamous Cecot mega-prison to American deportees of any nationality, including U.S. citizens currently jailed domestically for violent crimes, has raised eyebrows and red flags across the diplomatic community. President Donald Trump said he would accept the offer "in a heartbeat" with the right legal justification, but there are "obviously legalities involved," said Secretary of State Marco Rubio yesterday. As many legal experts note, that justification, to say nothing of logistic feasibility, might be more difficult than Trump's enthusiasm suggests.
What did the commentators say? The U.S. government "cannot legally deport U.S. citizens," said state-run Voice of America. But "that's not the end of the story," said Fordham Law School Professor Jennifer Gordon to NBC News. "There's a second set of questions about whether the U.S. could transfer a U.S. citizen prisoner to another country to serve their sentence."
Those questions include "constitutional concerns," said former U.S. Attorney John Fishwick. "Would El Salvador be considered an agent of the United States? What court would have jurisdiction over prisoner disputes?"
While domestic-born citizens "enjoy legal protection from deportation," those who gained citizenship through naturalization can lose those protections, such as in cases where they "used fraud to obtain the citizenship in the first place," said the BBC. If the government found "you had gang ties and never disclosed them, they could use that as a reason to denaturalize you," said immigration attorney Alex Cuic.
The proposal may be more about each leader's amassment of power. No matter the "questions about the constitutionality and legality of this deal," Bukele's "absolute power in El Salvador" has in part inspired Trump's "moving in a similar direction," said Michael Shifter, of the research institute Inter-American Dialogue, to The New York Times.
What next? The country's "offer of friendship" is "unprecedented," said Rubio. That's a sign that Bukele has "landed firmly in Trump's favor" despite the diplomatic uncertainty in the region over Trump's proposed tariffs, said the BBC. Regardless of this specific offer, there's "a lot of show and a lot of fear" in Bukele's administration, said Shifter, and that means we should "expect to see a lot more show" between the two administrations. |